Agenda and draft minutes

To seek approval to consult on an Article 4 Direction to remove permitted development rights for change of use from dwelling house to small HMO.

A clearer map is attached.

The Executive considered a report recommending consultation on implementation of an Article 4 Direction in relation to Houses in Multiple Occupation (HMOs) to remove permitted development rights for change of use from class C3 (dwelling house) to class C4 (small HMO) in a defined area of Hinckley. It was explained that the legislation required that HMOs for more than six people required planning permission, but six or less could be implemented under permitted development rights. It was noted that licensing approval was required for HMOs for more than five people.

A member asked for the issues currently being experienced by residents in Queens Road, Hinckley, to be recorded. It was reported that the development of small HMOs on Queens Road was causing noise at all times, including during the night, concerning building practices, skips on the highway without a license, pavements being obstructed by building equipment and vehicles blocking the road.

Concern was raised about the risk of displacement should restrictions only be imposed on part of Hinckley, and it was requested that consideration be given to extending the defined area or procedures be implemented to consult and extend the area expediently.

The value of HMOs in meeting housing need was recognised, however the need to have some level of control to be able to protect residents was emphasised, particularly given the disruption that was already being experienced in some areas of the town which were unsuitable for this type of development. In contrast, some members highlighted existing HMOs in suitable locations which were well managed and did not result in a detrimental impact for residents.

Councillor Bray proposed that the recommendations within the report be approved, with additional recommendations to delegate amending the defined area to be consulted upon to the Director (Community Services) in consultation with the Leader, and that a letter be sent to the relevant minister to highlight the impacts of HMOs upon community cohesion. The motion was seconded by Councillor Mullaney.

Upon being put to the vote, the motion was CARRIED and it was

RESOLVED –

(i)            The emerging evidence of increased HMO concentration and associated impacts within parts of Hinckley town centre and adjacent streets be noted;

(ii)          A statutory public consultation on a proposed Article 4 Direction be commenced;

(iii)         A further report be brought back to the Executive following the close of the consultation period;

(iv)         Authority be delegated to the Director (Community Services) in consultation with the Leader to amend the area for the proposed Article 4 Direction;

(v)          A letter be sent by the Leader to the relevant Minister to highlight the impact of HMOs on community cohesion.

To consider the recommendations of the Scrutiny commission following a review of adoption of infrastructure associated with housing development.

The chair of the Scrutiny Commission presented a report following a review by a scrutiny task & finish group into adoption of infrastructure associated with housing development. Discussion ensued on the costs for residents who live on a development with services maintained by a management company, the problems created by unadopted roads and the issues of waste collection for those living on unadopted roads.

The Executive welcomed the report and thanked Scrutiny Commission members for their work.

In proposing that the recommendations within the report be approved, Councillor Crooks proposed an additional recommendation that the report be used to inform the council’s response to the current MHCLG consultation on reducing the prevalence of private estate management arrangements. The motion was seconded by Councillor Bray and upon being put to the vote was CARRIED. It was therefore

RESOLVED –

(i)            The principles of the findings within the 2024 Competition and Markets Authority (CMA) report on the housebuilding market be endorsed;

(ii)          A letter be sent from the Executive to the appropriate Minister urging action on recommendations 1 and 2 of the CMA report (standardisation of standards and requirements and requiring mandatory adoption of public infrastructure) and to encourage mandating of stewardship schemes;

(iii)         A letter be sent from the Executive to Leicestershire County Council to raise concern about public adoption of roads and to ask for the matters to be addressed;

(iv)         Consideration be given to implementing model standardised wording of legal agreements in relation to open space;

(v)          Consideration be given to including an options appraisal section within S106 agreements to encourage public adoption or stewardship;

(vi)         Consideration be given to including within the new local plan any future government approach to adoption of infrastructure;

(vii)        It be mandated within the new local plan that the new large scale major schemes require a stewardship arrangement or that the parish council be approached to adopt infrastructure;

(viii)       It be mandated within the new local plan a stewardship approach for small major housebuilding schemes;

(ix)         Hinckley & Bosworth Borough Council’s website be updated to include information on expectations of developers in relation to adoption of infrastructure;

(x)          The developers for sustainable urban extensions be encouraged to consider a stewardship approach;

(xi)         It be ensured that bins on private roads are collected;

(xii)        The waste strategy be amended to implement a less precautionary approach to driving refuse collection vehicles on private roads;

(xiii)       Parish councils be encouraged and supported to adopt public open space;

(xiv)      A briefing pack be prepared in order to address the reluctance of town and parish councils to adopt open space;

(xv)       The scrutiny review report be used to inform the council’s response to the current MHCLG consultation on reducing the prevalence of private estate management arrangements.